Weed v. Kellogg

McLEAN, Circuit Justice.

This action was-brought on a promissory note for $2092.01, payable at Oliver Lee’s Bank, at Buffalo, three months after date. The defendants pleaded, 1. The general issue of non assump-sit. 2. That Smart was an accommodation. indorser, at the request of Geisse & Kellogg, and signed the note which was paid 1 November, 1849. 3. That the note in the first and second counts of the amended declaration, was owned and in possession of Elias Weed & Co., which firm was composed of plaintiff and Elias Weed, of Buffalo in the state-of New-Tork, and that heretofore, to iyit, on…